FINNEGAN, CONRAD & PETERSON L.C.

Missouri Court of Appeals Affirms Midwest Gas Users'
Association's Stay of Missouri Gas Energy Rate Increase
for Transportation Customers

MGE's 1996 rate case (GR-96-285) was decided by the Missouri Public Service Commission without a hearing on the rate design and class cost of service issue.  A settlement stipulation had been presented, but was rejected by the Commission, which then proceeded to decide the issue without evidence and without a hearing.

The Cole County Circuit Court held this was unlawful and reversed the Commission's decision.  At Midwest's request, the court also entered a stay and impoundment order as to the transportation rate increase.  MGE and the Commission appealed this about everywhere possible.  Finally the case arrived at the Missouri Court of Appeals in Case No. WD 55331.  On May 11, 1999, the Court entered its decision affirming the court below.

The Court of Appeals also issued a Memorandum Opinion which was not official but was relevant to several of the additional issues that MGE raised.  Further appeals were rejected by the Missouri Supreme Court.

The matter has now been remanded to the Commission, but action has been taken at the Commission level to establish a new procedural schedule for the remanded case.

Here are copies of some of Midwest's other pleadings at the Commission and in the courts in this long running series of cases.  [You will need Adobe's free Acrobat Reader to view these pleadings]:

• Initial Brief in GR-96-285 at the Missouri Public Service Commission

• Reply Brief in GR-96-285

• Application for Rehearing at the Commission

• Initial Brief in the Circuit Court Appeal, CV197-605cc

• Application for Immediate Reversal and Stay and Impoundment Order in the Circuit Court

• Suggestions in Opposition to MGE Motion to Quash Stay

• Initial Brief to the Court of Appeals in WD55331

• Opposition to MGE Motion to Terminate Stay and Return Money in Impoundment Fund

• Initial Brief to the Court of Appeals in WD55331

• Opposition to MGE Motion to Terminate Stay and Return Money in Impoundment Fund